Overlawyered » EEOC http://overlawyered.com Chronicling the high cost of our legal system Thu, 23 May 2013 18:33:26 +0000 en-US hourly 1 http://wordpress.org/?v=3.4 Labor and employment roundup http://overlawyered.com/2013/05/labor-employment-roundup-13/?utm_source=rss&utm_medium=rss&utm_campaign=labor-employment-roundup-13 http://overlawyered.com/2013/05/labor-employment-roundup-13/#comments Fri, 17 May 2013 04:05:58 +0000 Walter Olson http://overlawyered.com/?p=37944 Gov. Christie vetoes bill enabling workers and job applicants to sue employers who asked about Facebook use [NJLRA, Star-Ledger, more] “Shockingly a British pub might want to hire British employees,” NYC Human Rights Commission sees things differently [Amy Alkon] Anticlimax: despite fears, NLRB won’t ban at-will disclaimers in employee handbooks [Jon Hyman] “Equally injurious to [...]

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  • Gov. Christie vetoes bill enabling workers and job applicants to sue employers who asked about Facebook use [NJLRA, Star-Ledger, more]
  • “Shockingly a British pub might want to hire British employees,” NYC Human Rights Commission sees things differently [Amy Alkon]
  • Anticlimax: despite fears, NLRB won’t ban at-will disclaimers in employee handbooks [Jon Hyman]
  • “Equally injurious to the children of the laboring classes is their utilization by their parents in theatrical and operatic shows” [Kyle Graham]
  • Senate confirms plaintiffs’ class action attorney as newest appointee to EEOC [Stoel Rives]
  • Public accounting: “Two advances for pension transparency” [Josh Barro]
  • At least there’s one category of young worker for whom job prospects remain bright, namely kids of Andrew Cuomo’s friends [David Boaz]
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    Labor and employment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2013/05/labor-employment-roundup-13/feed/ 0     Labor and employment roundup http://overlawyered.com/2013/04/labor-employment-roundup-11/?utm_source=rss&utm_medium=rss&utm_campaign=labor-employment-roundup-11 http://overlawyered.com/2013/04/labor-employment-roundup-11/#comments Fri, 05 Apr 2013 04:05:49 +0000 Walter Olson http://overlawyered.com/?p=36933 Controversy over new EEOC guidelines on hiring ex-cons isn’t going away [James Bovard/Peter Kirsanow, Richard Epstein/Hoover "Defining Ideas", Kevin Funnell, Wendy McElroy/FEE] That goes double if it’s true: “You cannot fire a pregnant employee because ‘the baby is taking its toll on you’” [Cohen, Fox Rothschild] Maryland bill would grant pregnant employees right to accommodation, [...]

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  • Controversy over new EEOC guidelines on hiring ex-cons isn’t going away [James Bovard/Peter Kirsanow, Richard Epstein/Hoover "Defining Ideas", Kevin Funnell, Wendy McElroy/FEE]
  • That goes double if it’s true: “You cannot fire a pregnant employee because ‘the baby is taking its toll on you’” [Cohen, Fox Rothschild] Maryland bill would grant pregnant employees right to accommodation, “less strenuous job duties” if needed [Baltimore Sun]
  • And similarly: “Is an employer obligated to provide light duty to an employee returning from FMLA leave?” [Jon Hyman]
  • Why Card-Krueger study doesn’t change Bryan Caplan’s view on economics of the minimum wage [EconLib]
  • Quest for a Labor Secretary even farther left than Hilda Solis eventuates in Tom Perez [Katrina Trinko, J. Christian Adams]
  • Unhappy aftermath of Connecticut nursing-home sabotage [Washington Examiner] Assaults by members of Teamster local in Philadelphia quarry dispute draw NLRB response [Pennsylvania Independent]
  • Will New York become the first state to create dangerous private right of action for “workplace bullying”? [Michael Fox]
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    Labor and employment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2013/04/labor-employment-roundup-11/feed/ 0     Labor and employment roundup http://overlawyered.com/2013/03/labor-employment-roundup-10/?utm_source=rss&utm_medium=rss&utm_campaign=labor-employment-roundup-10 http://overlawyered.com/2013/03/labor-employment-roundup-10/#comments Wed, 13 Mar 2013 04:07:49 +0000 Walter Olson http://overlawyered.com/?p=36566 Great moments in union contracts: “Many Suburban Cops Allowed To Work ‘Half Drunk’” [NBC Chicago] California high court imposes arbitrary damage-splitting rule on mixed-motive firings [Cheryl Miller, The Recorder] More tales of much-forgiven Broward County bus drivers [Sun-Sentinel, background] Sixth Circuit: SEIU robocalls to harass hospital CEO don’t violate TCPA [Littler] Judge rejects EEOC position [...]

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  • Great moments in union contracts: “Many Suburban Cops Allowed To Work ‘Half Drunk’” [NBC Chicago]
  • California high court imposes arbitrary damage-splitting rule on mixed-motive firings [Cheryl Miller, The Recorder]
  • More tales of much-forgiven Broward County bus drivers [Sun-Sentinel, background]
  • Sixth Circuit: SEIU robocalls to harass hospital CEO don’t violate TCPA [Littler]
  • Judge rejects EEOC position against alcohol testing of steelworkers in safety-sensitive posts [Paul Mirengoff, PowerLine, Reuters]
  • “NYFD made written test impossible to fail, but diversity recruits in Academy can’t meet physical standards either.” [Ted Frank/PoL]
  • “The March Toward a Bullying Cause of Action Continues” [Michael Fox, Employer's Lawyer; TheDenverChannel.com]
  • T’wasn’t easy for White House to find a new Labor Secretary to the left of Hilda Solis, but meet Tom Perez [WaPo]
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    Labor and employment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2013/03/labor-employment-roundup-10/feed/ 3     Labor and employment roundup http://overlawyered.com/2013/02/labor-employment-roundup-9/?utm_source=rss&utm_medium=rss&utm_campaign=labor-employment-roundup-9 http://overlawyered.com/2013/02/labor-employment-roundup-9/#comments Thu, 28 Feb 2013 04:07:22 +0000 Walter Olson http://overlawyered.com/?p=36396 On minimum wage these days, Krugman lets politics sit in for economics [David Henderson] Minimum wage hikes don’t cost jobs? A notion so ideologically convenient just has to be true [Steve Chapman] “Is employment a ‘human right’”? [Richard Epstein, Hoover "Defining Ideas"] Project labor agreements are an unjustified giveaway in New Jersey’s post-Sandy reconstruction [Trey [...]

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  • On minimum wage these days, Krugman lets politics sit in for economics [David Henderson] Minimum wage hikes don’t cost jobs? A notion so ideologically convenient just has to be true [Steve Chapman]
  • “Is employment a ‘human right’”? [Richard Epstein, Hoover "Defining Ideas"]
  • Project labor agreements are an unjustified giveaway in New Jersey’s post-Sandy reconstruction [Trey Kovacs, CEI Open Market]
  • Baltimore Mayor Stephanie Rawlings-Blake proposes public pension reform [Baltimore Sun] Reality check on sunny New York projections [@NYDNHammond]
  • Peter Kirsanow on EEOC crackdown on criminal background checks [Employee Screen]
  • Three Missouri Dems favor bill making it felony for lawmakers to propose bills limiting union powers [Robby Soave, Daily Caller]
  • Meet the brothers who are standing up to union violence in Philadelphia construction [Jillian Melchior, NR, earlier]
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    Labor and employment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2013/02/labor-employment-roundup-9/feed/ 2     EEOC sues law firm over 75-lb. lifting requirement http://overlawyered.com/2013/02/eeoc-sues-law-firm-75-lb-lifting-requirement/?utm_source=rss&utm_medium=rss&utm_campaign=eeoc-sues-law-firm-75-lb-lifting-requirement http://overlawyered.com/2013/02/eeoc-sues-law-firm-75-lb-lifting-requirement/#comments Tue, 19 Feb 2013 11:34:15 +0000 Walter Olson http://overlawyered.com/?p=36302 “The Equal Employment Opportunity Commission has sued Womble Carlyle Sandridge & Rice on behalf of a former office assistant who claims disability discrimination over a lifting requirement.” The job’s requirements, at the firm’s North Carolina headquarters, allegedly included moving heavy boxes of documents; according to the complaint, the law firm did not adequately consider accommodations [...]

    EEOC sues law firm over 75-lb. lifting requirement is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “The Equal Employment Opportunity Commission has sued Womble Carlyle Sandridge & Rice on behalf of a former office assistant who claims disability discrimination over a lifting requirement.” The job’s requirements, at the firm’s North Carolina headquarters, allegedly included moving heavy boxes of documents; according to the complaint, the law firm did not adequately consider accommodations such as letting her divide up the contents of the boxes and use push carts. Womble Carlyle declined to comment. [Debra Cassens Weiss, ABA Journal]

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    EEOC sues law firm over 75-lb. lifting requirement is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2013/02/eeoc-sues-law-firm-75-lb-lifting-requirement/feed/ 10     Labor and employment roundup http://overlawyered.com/2013/02/labor-employment-roundup-8/?utm_source=rss&utm_medium=rss&utm_campaign=labor-employment-roundup-8 http://overlawyered.com/2013/02/labor-employment-roundup-8/#comments Tue, 12 Feb 2013 12:18:43 +0000 Walter Olson http://overlawyered.com/?p=35897 “Lying to Doctors for Fitness for Duty Exam Can Still Get You Fired …But Only If You’re a Police Officer” [Connecticut cop smashed into two cars during epileptic seizure; Daniel Schwartz] “Emotional labor”: is having to be cheerful to customers a form of capitalist slavery? [Tim Noah v. Andrew Sullivan] CalPERS: “The pension fund that [...]

    Labor and employment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • “Lying to Doctors for Fitness for Duty Exam Can Still Get You Fired …But Only If You’re a Police Officer” [Connecticut cop smashed into two cars during epileptic seizure; Daniel Schwartz]
  • “Emotional labor”: is having to be cheerful to customers a form of capitalist slavery? [Tim Noah v. Andrew Sullivan]
  • CalPERS: “The pension fund that ate California” [Steve Malanga, City Journal]
  • Restaurant Opportunities Center (ROC), other “worker centers” on the rise: “Will ‘alt-labor’ replace unions?” [Salon; critical anti-ROC site via Matt Patterson/CEI]
  • Without benefit of an act of Congress, EEOC is interpreting the law to prohibit transgender bias [Workplace Prof]
  • “The Nation: Government-Mandated Lunch Breaks are Somehow Libertarians’ Fault” [Shackford, Reason]
  • Historian challenges received account of Haymarket Affair [Ron Radosh]
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    Labor and employment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2013/02/labor-employment-roundup-8/feed/ 0     Discrimination law roundup http://overlawyered.com/2013/01/discrimination-law-roundup-2/?utm_source=rss&utm_medium=rss&utm_campaign=discrimination-law-roundup-2 http://overlawyered.com/2013/01/discrimination-law-roundup-2/#comments Thu, 24 Jan 2013 04:04:40 +0000 Walter Olson http://overlawyered.com/?p=35547 After being slapped down by courts, EEOC concentrates on filing fewer but bigger cases [Sue Reisinger, Corporate Counsel] EEOC scores in Cintas, UPS cases [Legal Times] SCOTUS grants certiorari in retaliation mixed motives case [University of Texas Southwestern Medical Center v. Nassar, SCOTUSBlog via Marcia McCormick, Workplace Prof] False Claims Act could be potent weapon [...]

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  • After being slapped down by courts, EEOC concentrates on filing fewer but bigger cases [Sue Reisinger, Corporate Counsel] EEOC scores in Cintas, UPS cases [Legal Times]
  • SCOTUS grants certiorari in retaliation mixed motives case [University of Texas Southwestern Medical Center v. Nassar, SCOTUSBlog via Marcia McCormick, Workplace Prof]
  • False Claims Act could be potent weapon for discrimination plaintiffs [Texas Law Review student note by Ralph Mayrell, PDF via Bagenstos]
  • Religious liberty compatible with gay rights so long as ambitions of anti-discrimination law aren’t allowed to run wild [Eugene Volokh as part of UCLA conference on Roe's 40th and Lawrence's 10th anniversary] Case of Ocean Grove, N.J. pavilion is still regularly cited as infringement on church autonomy, but it’s not that simple, since it hinges on untypical “public use” covenant of property in question [Box Turtle Bulletin]
  • For a more genuine menace to religious liberty, however, watch out for the notion of taking the Bob Jones University precedent — in which courts upheld the stripping of an educational institution’s tax exemption due to its backward racial views — and extending it into a weapon for denying tax exemption to the much broader class of institutions said to contravene “fundamental public policy” [Caroline Maia Corbin, Concurring Opinions]
  • More on the deaf lifeguard case [Jon Hyman, earlier]
  • New York Gov. Cuomo seeks one-way fee awards in state bias cases [Reuters]
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    Discrimination law roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2013/01/discrimination-law-roundup-2/feed/ 0     Labor and employment roundup http://overlawyered.com/2012/12/labor-employment-roundup-5/?utm_source=rss&utm_medium=rss&utm_campaign=labor-employment-roundup-5 http://overlawyered.com/2012/12/labor-employment-roundup-5/#comments Fri, 21 Dec 2012 04:07:25 +0000 Walter Olson http://overlawyered.com/?p=34633 McDonald’s worker complains she’s not paid $15/hour, but there’s a logical problem with that [David Henderson] EEOC Phoenix office signs pact with Mexican consulates to curb discrimination against illegals [EEOC press release] “Former Lawmaker (and Ex-Felon) Urges Connecticut To Ban Discrimination Against Felons in 2013″ [Daniel Schwartz] Connecticut: “NLRB sues to reinstate union saboteurs at [...]

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  • McDonald’s worker complains she’s not paid $15/hour, but there’s a logical problem with that [David Henderson]
  • EEOC Phoenix office signs pact with Mexican consulates to curb discrimination against illegals [EEOC press release]
  • “Former Lawmaker (and Ex-Felon) Urges Connecticut To Ban Discrimination Against Felons in 2013″ [Daniel Schwartz]
  • Connecticut: “NLRB sues to reinstate union saboteurs at nursing homes” [Gehrke, DC Examiner, Schwartz, Jillian Kay Melchior/NRO, earlier on pols that enable the strikers] More: Ivan Osorio.
  • OSHA after clerk robbery: “handling money, working alone and standing behind open counters” expose employer to violations [OSHA press release]
  • “N.D. Ill.: Under ADAAA, Asthma Triggered by Strong Perfume Might Be Disability” [Bagenstos]
  • “Worker centers” allow organizers to dodge the legal responsibilities owed to workers by actual labor unions [Stefan Marculewicz and Jennifer Thomas, Fed Soc]
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    Labor and employment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/12/labor-employment-roundup-5/feed/ 6     Discrimination law roundup http://overlawyered.com/2012/11/discrimination-law-roundup/?utm_source=rss&utm_medium=rss&utm_campaign=discrimination-law-roundup http://overlawyered.com/2012/11/discrimination-law-roundup/#comments Tue, 20 Nov 2012 04:06:03 +0000 Walter Olson http://overlawyered.com/?p=33039 In DC today? I’ll be commenting at Cato on new Russell Nieli book on affirmative action [details] EEOC continues to pressure employers over use of criminal background checks in hiring process [Hans Bader, Daniel Schwartz, Jon Hyman, earlier] Bill in Congress would require employers to make ADA-like accommodation for pregnancy/childbirth [Hyman] “Religious freedom and the [...]

    Discrimination law roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • In DC today? I’ll be commenting at Cato on new Russell Nieli book on affirmative action [details]
  • EEOC continues to pressure employers over use of criminal background checks in hiring process [Hans Bader, Daniel Schwartz, Jon Hyman, earlier]
  • Bill in Congress would require employers to make ADA-like accommodation for pregnancy/childbirth [Hyman]
  • “Religious freedom and the nondiscrimination norm” [Rick Garnett, Prawfs] What is supposed to make discrimination so tempting, anyway? [Bryan Caplan, EconLib]
  • Lawsuit alleges that group car rental discount for members of gay group constitutes unlawful discrimination against straights [Volokh]
  • Complainants argue in Strasbourg that UK failure to more fully accommodate Christians violates Euro human rights law [Telegraph]
  • Push for ADA coverage of obesity raises controversy [Christina Wilkie, HuffPo]
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    Discrimination law roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     http://overlawyered.com/2012/11/discrimination-law-roundup/feed/ 0     Labor and employment roundup http://overlawyered.com/2012/08/labor-employment-roundup-3/?utm_source=rss&utm_medium=rss&utm_campaign=labor-employment-roundup-3 http://overlawyered.com/2012/08/labor-employment-roundup-3/#comments Thu, 16 Aug 2012 04:09:17 +0000 Walter Olson http://overlawyered.com/?p=31968 $250,000+ payout for cardiac arrest at age 92? Stupendous giveaway for uniformed public employees is sailing through California legislature [Sacramento Bee via Hillel Aron] Those confidential workplace investigations won’t be so confidential any more if NLRB gets its way [Jon Hyman, Daniel Schwartz] And the EEOC too? [Hyman, Shannon Green/Corporate Counsel] Myths of the “pay [...]

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  • $250,000+ payout for cardiac arrest at age 92? Stupendous giveaway for uniformed public employees is sailing through California legislature [Sacramento Bee via Hillel Aron]
  • Those confidential workplace investigations won’t be so confidential any more if NLRB gets its way [Jon Hyman, Daniel Schwartz] And the EEOC too? [Hyman, Shannon Green/Corporate Counsel]
  • Myths of the “pay gap” [Ramesh Ponnuru, Bloomberg]
  • Federal bailout of state pension funds? Don’t let it happen [Fergus Hodgson, John Locke]
  • Former Indianapolis Colts cheerleader loses suit over nude body-paint photos [Staci Zaretsky, Above the Law, earlier]
  • Some small businesses hope to dodge the employer mandate by getting below 50 employees [CNN]
  • Obama names partner at class action powerhouse Cohen Milstein to EEOC vacancy [White House]
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